- 12 -
items of correspondence were sent and received during the audit
process in the name of Union Texas Petroleum Corporation, without
any mention of a change in corporate structure. Respondent
further argues that Energy was aware of respondent's concern with
the accuracy of the name and signature on the Forms 872. In
fact, once respondent learned that Properties had changed its
name to New Petroleum, respondent immediately sought new Forms
872, reflecting the new name. Moreover, respondent notes that
during the examination of the taxable periods of 1983 and 1984,
Union Texas Petroleum's Chief Executive Officer gave respondent a
letter certifying Lobliner's authority to execute consents for
those years. Respondent contends that Energy's failure to inform
respondent that Lobliner, and subsequently Markowitz, no longer
had authority to act on behalf of New Petroleum was clearly
disingenuous.
We agree with respondent. We are not persuaded by
petitioner's attempt to obfuscate this issue with the testimony
of Joseph Wayne Cliett (Cliett), who was the supervisor of tax
audits for Old Petroleum, New Petroleum, Energy, and the other
affiliated corporations at the time of trial and during the
taxable years in issue. Cliett, as tax supervisor of the Union
Texas companies, knew of the tax returns being filed by each of
the different Union Texas companies. Moreover, he was
responsible for obtaining the appropriate signatures on the Forms
872. Cliett testified that upon receiving the first of the last
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: May 25, 2011